Nutzungsbedingungen

Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Life’s Good AI Song Generator microsite (the “Service”) operated by LG Electronics Inc. and its affiliates (collectively “LGE”, “we,” “us,” or “our”). By using this Service, you agree to be bound by these Terms. In addition to these Terms, LGE publishes the Privacy Policy and other operational policies. It is recommended that you read these publications to better understand the Service.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE APP.

PLEASE BE AWARE THAT THESE TERMS OF USE CONTAINS PROVISIONS OBLIGATING YOU AND LGE TO RESOLVE DISPUTES THAT ARISE BETWEEN US, INCLUDING ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS OF USE, THROUGH BINDING AND FINAL ARBITRATION. THE TERMS BELOW CONTAIN AN ARBITRATION AGREEMENT UNDER THE DISPUTE RESOLUTION SECTION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU MAY NOT BE A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR PROCEEDING AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

PLEASE ALSO BE AWARE THAT THE DATA COLLECTION AND COMMUNICATIONS FROM LGE SECTION BELOW CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATIONS. IN THE DATA COLLECTION AND COMMUNICATIONS FROM LGE YOU WILL ALSO FIND OUT HOW TO OPT OUT OF THESE COMMUNICATIONS.

Service Use

This Service allows you to generate personalized AI-created songs (the “Output”) by entering the recipient’s name (“End user”), your name, your message, and your preferred music genre and mood to the prompts, so you shall refrain from submitting any sensitive, confidential, or third-party personal data to the prompts. No account registration is required for the Service.

LGE may change these Terms and any additional terms within the limits of relevant laws at any time.

Any notifications or announcements that LGE will make to you under these Terms, including changes to these Terms and additional terms, will be communicated through one or more reasonable means considering the nature of the Service, such as announcements within the Service or postings on LGE's website.

After the revised Terms take effect, you will be deemed to have agreed to the changes when using the Service. If you do not agree with any revised Terms, you may withdraw from membership and terminate your account at any time.

By using the Service, you understand and accept that:

• Generative AI technologies can produce erroneous, misleading or inaccurate content.
• You should carefully preview the Output before sharing.
• You should not include sensitive or confidential information in your input, including names, addresses, images, photographs, or any personal data that could identify others without their consent.
• You should not include content owned by other parties (including any intellectual property rights) without the owners’ consent.
• You assume full legal responsibility for your submissions and the use or sharing of any Outputs.
• This Service is not for commercial use or content abuse.

LGE grants you the right to use the Service. However, the license is limited, non-transferable, revocable, and not provided on an exclusive basis. You may only use the Service for personal and non-commercial purposes and subject to your compliance to these Terms. The license provided includes not only the software and other materials necessary to provide the Service but also related updates, upgrades, improvements, modifications, changes, and additions. Even if you agree to these Terms, your rights to use the Service are granted only within the scope specified in these Terms. Additionally, the content and scope of the rights granted may change, including but not limited to, based on operational, legal, and technical needs, such as the country where the Service is applied, the type of device used, the operating system (OS) type, and LGE or providers’ internal policies.

Term

These Terms and services are effective as of the date on which you started the Services (the "Effective Date"). The Terms and services commences on the Effective Date and continues by LGE in accordance with the section of Service Limitation or Termination.

Data Collection and Communications from LGE

By Using the Service, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your use of the Service, updates concerning new and existing features on the Service, communications concerning promotions run by us or our third-party partners, and news concerning LGE and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send.

By using this Service, you understand and agree that LGE collects and processes the following information:

• Your and recipient’s name(s)
• Personal message(s)
• Music genre and “vibe” preferences
• Prompt input (free text, may include personal or sensitive data)
• IP address and geolocation metadata
• Device ID (iOS and Android)

We collect and process your personal data in accordance with the EU General Data Protection Regulation ("GDPR") and the California Consumer Privacy Act ("CCPA") if applicable. You have the right to request access to, rectification or deletion of your personal data, or object to its processing at any time. Please refer to our Privacy Policy for details.

This information is used solely for generating the song Output and improving user experience. We do not knowingly collect information from users under the age of 18 without verifiable parental consent as required by applicable law.

User Acknowledgement

These Terms do not limit or deprive your rights recognized under relevant laws, including the right to a certain quality of service or the right to remedies in case of issues.

You acknowledge and agree that you are over the age of 18 and that while using the Service you will:

• Comply with these Terms and relevant laws and regulations
• Respect the rights of others, including privacy rights, intellectual property rights, and personal data protection
• Refrain from any action that infringes on the rights, honor, credit, or other legitimate interests of LGE or others
• Not misuse, interference, disruption, or harm to the Service

The trademarks, logos and service marks displayed on Services ("Marks") are the property of LGE or other third parties. Except as otherwise provided herein, you shall not use these Marks without the prior written consent of LGE.

All intellectual property associated with the Services is owned by LGE or a third party and users of the Services have certain responsibilities in their use of the Services. In using the Services you agree you will not:

• Attempt to discover the source code or algorithms of the Service through methods such as but not limited to reverse engineering
• Attempt to arbitrarily modify or disable the functions of the Service
• Create derivative works based on the Service
• Provide services such as rental, re-implementation, or hosting using the Service
• Infringe on the copyrights or other intellectual property rights of LGE or third parties in relation to the use of the Service
• Use the Service for illegal purposes or methods that violate these Terms or relevant laws (e.g., obtaining coupons through fraudulent means)
• Use the Service in a malicious or negative manner (e.g., distributing malware or harmful data such as hacking or viruses)
• Use the Service in a way that disrupts LGE 's operations or other users, damages, overloads, deteriorates the system, or weakens security
• Attempt to decrypt transmission signals of the Service or collecting data or information from the Service

If you engage in illegal activities or violate these Terms while using the Service or LGE receives any claims or lawsuits from third parties, you must indemnify LGE at their own responsibility and expense. If LGE is not indemnified, you must compensate LGE for all damages incurred as a result.

Service Limitation or Termination

LGE reserves the right to temporarily or permanently suspend or terminate your use of the Service or delete your account without prior notice.

LGE may suspend or terminate all or part of the Service at any time if you:

• • Violate these Terms, any additional terms, LGE's other policies, or relevant laws or regulations, or engage in acts contrary to public order or morals
  • Indicate that you have no intention of complying with these Terms and any additional terms
  • Fail to comply with legal obligations or court orders
  • Cause harm or liability to other users, third parties, or LGE (e.g., hacking, phishing, harassment, spamming, misleading others, defamation, etc.) or if there are reasonable grounds to believe that your actions may do so
  • Use or provide indication you may use the Service for fraudulent purposes
  • Use or provide indication you may use the Service for profit-making purposes

LGE may also suspend or terminate all or part of the Services at any time if:

• LGE for any reason determines necessary to operate or improve the Service or to comply with legal obligations
• If a party providing the Service decides to discontinue all or part of the Service
• If there are reasons, within LGE’s sole determination, that make it undesirable to continue operating the Service, including, but not limited to maintenance, inspection or replacement issues

LGE may, where reasonably possible, notify you in advance of the reasons for the action, providing you with an opportunity to resolve the issues that caused the action. If LGE agrees to consider your objection, You or your representative, upon receiving notice of service suspension under this section, may file an objection to the suspension. LGE will only lift the suspension if it is confirmed that the reasons for the suspension have been resolved, in LGE’s sole discretion. However, if the reasons for the suspension are not resolved within the suspension period, LGE may delete your account. LGE may also choose not to notify you for any reason, including but not limited to, one of the following grounds:

• If it may cause harm or liability to other users, third parties, or LGE
• If it violates relevant laws or orders from regulatory authorities
• If it obstructs investigations by regulatory authorities
• If it undermines the operation, integrity, or security of the Service
• If LGE deems it necessary to urgently suspend the Service

You are responsible for any damages and losses (including data) arising from your use of the Service or account termination, and LGE will not be liable for such damages. Please ensure that you create copies or use online backup services to back up relevant data and content stored through the Service to prevent loss. YOU MAY NOT STORE OR MAKE COPIES OF ANY OUTPUT FROM THE SERVICE OTHER THAN AS PERMITTED HEREIN.

Service Modification

LGE may change, add, or remove certain features of the Service at any time. LGE may also review, flag, modify, refuse to publish, block access to, or remove content provided through the Service. To provide enhanced features, LGE may periodically store the necessary data on your product/device for updates. Such stored data will only be used to update the Service with your consent. However, if the update is necessary for your safety or security, data downloads and updates required for the Service may occur automatically without your consent.

LGE will make reasonable efforts to notify you, such as through the announcements within the Service, in advance of any significant changes of the Service that may adversely affect you. However, LGE reserves the rights to make these changes immediately without prior notice.

Limitation of Liability and Warranty

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LGE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY THROUGH YOU FOR PERSONAL INJURY OR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOUR UNDERSTANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS SECTION ARE THE LEGAL BASIS AND CONSIDERATION FOR THE SERVICE PROVIDED UNDER THESE TERMS.

LGE will not be liable for damages caused by natural disasters or other force majeure events, your intentional or negligent actions, or other reasons that LGE cannot reasonably control (including laws, subordinate regulations, orders, communication disruptions, strikes, wars, riots, acts of terrorism or threats thereof, natural disasters, epidemics, etc.). LGE is not responsible for service disruptions caused by your fault, nor is it liable for any loss of expected profits or damages arising from materials obtained through the Service. LGE is not responsible for the reliability, accuracy, or content of the information, materials, or facts posted by you on the Service, and is exempt from liability for damages arising from necessary maintenance, replacement, regular inspections, or construction of the Service facilities. LGE is not liable for damages caused by errors in your computer or if you suffer damages due to inaccurately entered personal information while using the identity verification service.

To use the Service, You may need internet access. Additional charges may apply depending on the plan You have subscribed to when accessing the internet, and LGE is not responsible for the availability or speed of internet access.

LGE only warrants (1) the matters described in these Terms and any additional terms issued by LGE or (2) matters defined by relevant laws concerning the Service (including content within the Service, specific features of the Service, reliability, availability, and the ability to meet your needs). LGE does not make any other representations or warranties regarding the Service.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND FROM LGE. LGE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, LGE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF ERRORS, BUGS OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. YOUR USE OF THE SERVICE IS AT ITS OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM ITS ACCESS OR USE OF THE SERVICE. FURTHER, IN NO EVENT SHALL LGE BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A LOSS OF DATA OR FILES, BY A COMPUTER VIRUS OR OTHER MALICIOUS ATTACK, OR BY MALFUNCTION OR DEFECT IN THE SERVICE.

Indemnification

You acknowledge and agree that LGE shall not be responsible for any loss, damage or injury suffered by you and/or End users arising out of or in connection with the Service or your use thereof, and agree to indemnify and hold harmless, and upon LGE's request, defend, LGE, its affiliates, officers, directors, employees and agents from any claims, liabilities, losses, damages, demands, actions, expenses and costs, including, without limitation, attorneys' fees and courts costs arising out of or in connection with any of the following: (i) your breach of any covenant, obligation or warranty in these Terms; (ii) End users' use of the Service; and/or (iii) any alleged or actual infringement of any third party's intellectual property rights arising from the Service.

You agree to indemnify, defend and hold harmless LGE from and against any and all losses, costs, liabilities or expenses (including but not limited to reasonable attorneys' fees) arising, directly or indirectly, out of or in connection with (i) the willful or negligent acts or omissions of you or End user; (ii) breach of any of your obligations under these Terms; or (iii) your use of or combination of LGE's marks licensed to it under these Terms in a manner that infringes upon any third party's intellectual property rights, to the extent that the infringement would not have arisen absent such use or combination by you.

Use of Third-Party AI Providers

To create the Output, we use generative artificial intelligence services provided by third-party platforms, including:

• Controlla, Inc.,
• Firefly
• ACR Cloud
• OpenAI

Your inputs and generated Outputs may be transferred to and processed by these providers, who may store and reuse the data for AI training and service improvement under their own privacy policies. By using the Service, you agree and acknowledge this processing. LGE is not responsible for the data handling practices of these providers.

Data transfers to service providers outside your country may occur. For users in the European Union, such transfers will be conducted under appropriate safeguards, including Standard Contractual Clauses approved by the European Commission.

Ownership and Use of the Output

The Output is created solely based on your input and AI generation. As such:

• The Output may contain fictional or inaccurate content ("hallucinations").
• You are solely responsible for reviewing and sharing the Output.
• You will not input unlawful, obscene, defamatory, discriminatory, infringing, or inappropriate content.
• You grant LGE a royalty-free, perpetual, worldwide license to use, reproduce, display, modify, and share both your input and the Output for marketing and promotional purposes, including public campaigns, social media, events, and PR.

We reserve the right to remove or refuse prompts and Outputs that violate these standards or LGE’s values. You further acknowledge that any Output you choose to share publicly is your own responsibility. If it includes references of others, you are responsible for obtaining their consent.

Unacceptable Use

You agree not to submit any content that is:

• Illegal, offensive, abusive, or harassing;
• Discriminatory or defamatory;
• Politically or religiously sensitive;
• Infringing upon intellectual property rights of others.

LGE reserves the right to remove or refuse to generate Outputs containing inappropriate prompts.

Disclaimer

• NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, THE FOLLOWING IMPORTANT DISCLAIMER SHALL ADDITIONALY APPLY TO YOU.
• The Service and Output are provided on an “as-is” and “as-available” basis.
• LGE makes no warranties regarding accuracy, reliability, or fitness for a particular purpose.
• LGE shall not be liable for any errors in the Output, including misuse, misrepresentation, or unintended interpretation.
• The Output does not grant any commercial license or ownership to you.
• These Terms are a document that describes the relationship between you and LGE, and even if a third party benefits from the relationship between you and LGE under these Terms, no legal rights will arise for that third party.
• In the event of a conflict between these Terms and any additional terms, the additional terms will take precedence for the relevant Service.
• If any specific provision of these Terms is found to be invalid or unenforceable, it will not affect the other provisions.
• These Terms (including any additional terms) constitute the complete legal agreement between you and LGE, governing your use of the Service, and will take precedence over any verbal or written agreements made between you and LGE regarding the Service.
• If you do not comply with these Terms or any additional terms, LGE's failure to take immediate action does not mean that LGE waives its rights to take action in the future.
• To provide you with the Service, LGE may provide various information through announcements on the Service or via mail, email, SMS, MMS, etc. However, if you express your desire not to receive information, you will be excluded from the information recipients, and LGE will not be responsible for any disadvantages that arise from not receiving information due to your exclusion.
• LGE may transfer, delegate, or assign all or part of its rights and obligations under these Terms to a third party, as long as it does not significantly affect your rights under these Terms. You may not transfer, delegate, or assign your rights and obligations under these Terms to a third party without LGE's consent, unless you make a written request to LGE and LGE agrees.
• LGE will not be liable for any failure to fulfill its obligations under these Terms due to reasons that LGE cannot reasonably control (e.g., laws, subordinate regulations, orders, communication disruptions, strikes, wars, riots, acts of terrorism or threats thereof, natural disasters, etc.) within the limits permitted by law.

Data Retention and International Transfers

Your data may be stored and processed in countries with different data protection laws than your own. We take reasonable steps to safeguard your data, but we cannot guarantee complete security during transmission.

Intellectual Property

All logos, design elements, and branding used on this Service are the property of LGE and may not be copied or used without permission. The Output is generated content and may not qualify for copyright ownership.

Termination

We may suspend or terminate access to this Service at any time for violations of these Terms or any inappropriate use in LGE’s sole discretion. We may also remove content or restrict functionality without prior notice. Upon termination of the Service, your right to use such Service will automatically terminate immediately. Termination of Service may also include deletion of your password and some or all related information, files and Content and/or User Content associated with or inside your LG Account. LG will not have any liability whatsoever to you for any suspension or termination of your access to the Service. Sections of Service Use, User Acknowledgement, Service Limitation or Termination, Service Modification, Limitation of Liability and Warranty, Indemnification, Use of Third-Party AI Providers, Ownership and Use of the Output, Data Retention and International Transfers, Intellectual Property, Dispute Resolution, Data Collection and Communications from LGE will survive any termination of these Terms.

Dispute Resolution

Please read the following arbitration agreement in this section ("Arbitration Agreement") carefully. It requires Users to arbitrate disputes with LGE and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree to the following dispute resolution provisions of this Governing Law and Dispute Resolution section with respect to any dispute, claim, or request for relief (“Claim”) arising from or relating in any way to these Terms, the Privacy Policy, and your access or use of the Service (“Dispute”) and any lawsuit, arbitration or other proceeding that may arise out of such Dispute (each an “Action”). For the avoidance of doubt, this Arbitration Agreement is not applicable to Claims arising from or related to the Terms of Purchase (https://www.lg.com/us/shop/terms-conditions), the purchase or use of goods manufactured or sold by LGE, or Claims arising out of subscription, manufacturer’s warranty, or extended warranty agreements on goods manufactured or sold by LGE, even if such goods are purchased using the Service. The dispute resolution processes governing these Claims are set forth in the applicable terms and conditions.

The terms of this Dispute Resolution section apply to all Disputes, even if the actions or relationship giving rise to such Disputes occurred prior to this version of the Terms (or such modification). However, these Dispute Resolution terms do not apply to any Dispute as to which you have personally initiated a lawsuit or arbitration (each, an "Action") prior to agreeing to these Terms. If any modification of the terms of this Dispute Resolution Section is deemed to be unlawful, void or for any reason unenforceable, then the dispute resolution provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us.

Each provision of this Dispute Resolution Section applies to the maximum extent permitted by law.

Covered Disputes. If you live in the United States, any Dispute between the Parties is a Covered Dispute, with the following exceptions: (1) any individual (non-class) claim that can be solely resolved in small claims court, or (2) to the extent you have in any manner violated or threatened to violate our intellectual property rights, our suit to enforce such intellectual property rights including by injunction.

If a Dispute is a Covered Dispute, the Mandatory Dispute Resolution Provisions for U.S. users apply. If there is any dispute between the Parties as to whether a Dispute is a Covered Dispute, that dispute shall be submitted to the Arbitrator (as defined below) for the Arbitrator to determine. If a Covered Dispute qualifies for small claims court, but a Party commences an arbitration proceeding, the other Party may elect instead to have the Covered Dispute resolved in small claims court, and upon written notice of a Party’s election, the Arbitrator will administratively close the arbitration proceeding.

Dispute Resolution Provisions Applicable to All Users

1. Time to Sue. Neither Party may bring any Action more than one year after the cause of action has arisen (or if the Action relates to multiple similar events, more than one year from the date the first such event occurred).
2. CLASS ACTION AND JURY WAIVER.THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION IN ANY DISPUTE. EACH PARTY MAY PROCEED AS TO ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION.
3. Applicable Law. These Terms and your use of the Service are governed by, construed and enforced in accordance with the internal substantive laws of the State of New Jersey, United States, regardless of the State’s conflict of laws provisions. However, any question as to whether a Dispute is a Covered Dispute (as defined above) and/or whether a Dispute is subject to the Mandatory Dispute Resolution Provisions for U.S. Users is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code ("FAA").
4. Choice of Venue: For any Action allowed to proceed in court, or to enforce the terms of this Agreement, the Parties agree to exclusive personal jurisdiction and venue in the State courts of the State of New Jersey or the United States District Court for the District of New Jersey.
5. Informal Dispute Resolution Required. Before initiating an Arbitration (as defined above) or any other type of adversary proceeding, the Parties agree to use their best efforts to settle any Dispute or Covered Dispute (as defined above) directly through consultation and good faith negotiations according to the following process (“Informal Dispute Resolution Process”), which shall be a precondition to either Party initiating an Arbitration.
   1. If you have a Dispute or Covered Dispute with us, you must send an individualized, written notice describing the Dispute or Covered Dispute to us to LG Electronics, USA, Inc., Attn: Legal Department – Arbitration 111 Sylvan Avenue, Englewood Cliffs, NJ 07632. If we have a Covered Dispute with you, we will send a written notice to you using the contact information we have for you.
   2. Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Dispute or Covered Dispute covered by this Agreement.
   3. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference.
   4. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the Informal Dispute Resolution Process required by this paragraph.
   5. If the Dispute or Covered Dispute is not resolved within 60 days of the opposing Party receiving the notice, then either you or we may proceed in accordance with the below Mandatory Dispute Resolution Provisions.
   6. Failure to complete the Informal Dispute Resolution Process is grounds for dismissal of any Arbitration, described below.
   7. If a Party brings an Arbitration as described below without following the Informal Dispute Resolution Process, it is grounds for dismissal, and such Party is required to pay any reasonable costs and fees of the other Party.

Mandatory Dispute Resolution Provisions for U.S. Users

1. Agreement to Arbitrate Covered Disputes. Any Covered Dispute that the Parties cannot resolve through the Informal Dispute Resolution Process (as defined above) must be brought on an individual basis and will be resolved exclusively by final and binding arbitration (“Arbitration”) before an arbitrator mutually selected by the Parties (the “Arbitrator”). The Arbitrator must have experience with the subject matter of the Dispute, and be a former federal or state court judge, unless the Parties mutually agree otherwise Parties will meet and confer in good faith to select an arbitrator. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms. If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition the State courts of the State of New Jersey or the United States District Court for the District of New Jersey to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the Parties.
2. Rules Selection. The Arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or other comparable rules to which the parties agree. The selection of JAMS rules does not mean that JAMS will administer the Arbitration or appoint the Arbitrator.
3. Conduct of Arbitration. The Arbitration shall be conducted via electronic or telephonic means. If the Party seeking Arbitration fails to appear at the administrative conference regardless of whether such Party's counsel attends, the Arbitrator will administratively close the Arbitration proceeding without prejudice, unless such Party shows good cause as to why they were not able to attend the conference.
4. Arbitration Costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith. If we initiate an Arbitration against you, we will pay all costs associated with the Arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
5. No Opt Out Rights. You do not have the right to opt out of the Dispute Resolution section. Rather, your sole remedy if you do not accept these Terms of Use (including this Dispute Resolution section) is to stop using the Service and to terminate your account.
6. LGE’s Right to Terminate Mandatory Dispute Resolution Program. At any time, LGE may terminate its agreement to this Dispute Resolution Section. That termination will not affect any Action that has already been initiated.
7. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with LGE.

Export Control

You may not use, export, import, or transfer any Services or Product except as authorized by U.S. law, the laws of the jurisdiction in which you obtained such Services or Product, and any other applicable laws. In particular, but without limitation, the Services and Product may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by LG are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer LG products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Entire Agreement.

THESE TERMS CONSTITUTE THE FINAL, COMPLETE AND EXCLUSIVE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES AND MERGES ALL PRIOR DISCUSSIONS BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER. NOTWITHSTANDING THE FOREGOING, WITH RESPECT TO ANY PURCHASE OF PRODUCTS OR SERVICES USING THE SERVICE, THE TERMS OF PURCHASE ARE DEEMED INCORPORATED INTO THE TERMS OF USE AND IN THE EVENT OF AN INCONSISTENCY BETWEEN THE TERMS AND THE TERMS OF PURCHASE, THE TERMS OF PURCHASE WILL CONTROL.

Contact Us

For questions or concerns about this Service or these Terms, please contact:

LG Electronics Inc.

128 Yeoui-daero, Yeongdeungpo-gu, Seoul, Republic of Korea

Email: RadioOptimism@lge.com